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811 Time for Making Requirement [R-3] - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
811 Time for Making Requirement [R-3]
37 CFR 1.142(a), second sentence, **>indicates that a restriction requirement "will normally< be made before any action upon the merits; however, it may be made at any time before final action **." This means the examiner should make a proper requirement as early as possible in the prosecution, in the first action if possible, otherwise, as soon as the need for a proper requirement develops.
Before making a restriction requirement after the first action on the merits, the examiner will consider whether there will be a serious burden if restriction is not required.
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